- 1 - HC-KAR NC: 2025:KHC:42286 CRL.P No. 13216 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 13216 OF 2025 (438(Cr.PC) / 482(BNSS) BETWEEN: 1. SUBHASH RAO S/O BABUJI RAO, AGED ABOUT 29 YEARS, R/AT DOOR NO. 1, APPANNA STREET, OLD PET KRISHNAGIRI DISTRICT, TAMILNADU -635 001. 2. GOKUL RAO S/O BABUJI ROA, AGED ABOUT 34 YEARS, R/AT DOOR NO. 2/1, APPANNA STREET, OLD PET KRISHNAGIRI, TAMILNADU -635 001. …PETITIONERS (BY SRI. BASAVARAJU T A., ADVOCATE) AND: STATE OF KARNATAKA BY BYAPPANAHALLI POLICE BENGALURU CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR, PUBLIC PROSECUTORS, OFFICE HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BANGALURU 560001. …RESPONDENT (BY SRI. CHANNAPPA IRAPPA, HCGP) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42286 CRL.P No. 13216 of 2025 THIS CRIMINAL PETITON IS FILED UNDER SECTION 438 CR.P.C (U/S 482 BNSS PRAYING TO ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE EVENT OF ARREST IN CR.NO.88/2025 OF BYAPPANAHALLI POLICE, BENGALURU, FOR THE OFFENCE P/U/S 108 OF BNS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by petitioners –accused Nos.1 and 2 under Section 482 of BNSS praying to grant anticipatory bail in Crime No.88/2025 of Byappanhalli Police Station registered for the offence under Section 108 of BNS, 2023. 2. Heard learned counsel for petitioners and learned High Court Government Pleader for the respondent -State. 3. Learned counsel for petitioners would contend that the deceased who came in contact with petitioner No.1 through Instagram had love affair with him. Petitioner No.1 even though agreed to marry the deceased - 3 - HC-KAR NC: 2025:KHC:42286 CRL.P No. 13216 of 2025 and subsequently as his family members did not agree, he intimated the deceased that he is not marrying her. Due to the said aspect, the deceased got frustrated and committed suicide. There is no abatement by petitioners to the deceased to commit suicide. There is no allegation of any sexual harassment under the promise of marriage by the petitioner No.1. Merely because petitioners have stated the deceased to go and die does not amounts to abatement. He further submits that petitioners are ready to co-operate with the police in investigation and abide by terms and conditions to be imposed by this Court. With these, he prayed to allow the petition and grant of anticipatory bail to petitioners. 4. Per contra learned High Court Government Pleader for the respondent –State would contend that there was love affair between petitioner No. 1 and deceased. Petitioner No.1, even though agreed earlier to marry deceased subsequently, he refused to marry her and abused and threatened her. Petitioner No.2 also - 4 - HC-KAR NC: 2025:KHC:42286 CRL.P No. 13216 of 2025 threatened the deceased and asked her to go and die. The said act of petitioners amounts to abatement of the deceased to commit suicide. The case is under investigation. The petitioners are required for custodial interrogation. With this, he prayed for dismissal of the petition. 5. Having heard learned counsels, this Court has perused FIR, complaint and other materials placed on record. 6. The mother of deceased has filed a complaint and based on which a case came to be registered against the petitioners in Crime No.88/2025 of Byappanahalli Police Station for the offence punishable under Section 108 of BNS. The allegation against petitioners in the complaint is that petitioner No.1 had a love affair with the deceased. He approached the parents of the deceased and agreed to marry the deceased. Subsequently petitioner No.1 has refused to marry her stating that his family members are not agreeing for their marriage. - 5 - HC-KAR NC: 2025:KHC:42286 CRL.P No. 13216 of 2025 Subsequently, did not receive phone calls of deceased. Petitioner No.2 who has stated to have received phone call of deceased has abused her and asked her to go and die. Petitioner No.1 has also stated to have refused to marry her and abused her. Due to which the deceased is stated to have committed suicide. There is no allegation against petitioner No.1 for having any physical contact with the deceased under the promise of marriage. Whether the acts of petitioners refusing to marry the deceased and asking her to go and die amounts abatement or not is a matter of trial. The petitioners have undertaken to co-operate with the police in the investigation and abide by terms and conditions to be imposed by this Court. Petitioners have made out the case for grant of anticipatory bail with conditions. 7. In the result, the following ORDER i) The petition is allowed. - 6 - HC-KAR NC: 2025:KHC:42286 CRL.P No. 13216 of 2025 ii) Petitioners –accused Nos.1 and 2 are ordered to be released on bail in the event of their arrest in Crime No.88/2025 of Byappanhalli Police Station registered for the offence under Section 108 of BNS, 2023 subject to following conditions; a) Petitioners –accused Nos.1 and 2 shall voluntarily appear before the Investigating Officer within 15 days from this day and execute a bail bond for Rs.1,00,000/- each with one surety for likesum to the satisfaction of the Investigating Officer; b) Petitioners –accused Nos.1 and 2 shall co- operate with the Police in the investigation; c) Petitioners –accused Nos.1 and 2 shall not tamper the prosecution witnesses either directly or indirectly; - 7 - HC-KAR NC: 2025:KHC:42286 CRL.P No. 13216 of 2025 d) Petitioners –accused Nos.1 and 2 shall appear before Investigating Officer whenever called for; e) Petitioners –accused Nos.1 and 2 appear before the trial court on all the dates of hearing unless exempted and co-operate for speedy disposal of case. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 13